DOT vs. non-DOT drug testing: what employers need to know

Who the DOT rules cover

A DOT test applies to an employee who performs a safety-sensitive function under one of the federal transportation agencies: the Federal Motor Carrier Safety Administration (commercial drivers who need a CDL), the Federal Transit Administration, the Federal Railroad Administration, the Federal Aviation Administration and the Pipeline and Hazardous Materials Safety Administration. Coast Guard-regulated maritime employers also test under Part 40 procedures. Each agency defines which positions are safety-sensitive, and if an employee holds one of them, the DOT rules apply whatever the company’s own policy says.

Everyone else is non-DOT: a forklift operator in a warehouse, an office manager, a nurse, a laborer on a construction site. Non-DOT testing follows the employer’s or requesting party’s applicable testing program and does not satisfy a DOT testing requirement.

What the DOT rules require

DOT testing follows 49 CFR Part 40, a detailed federal procedure. The parts that matter most to an employer:

• SpecimensDOT drug testing under 49 CFR Part 40 uses authorized urine or oral-fluid specimens, documented on the Federal Custody and Control Form and tested through an HHS-certified laboratory.
• Alcohol testingDOT alcohol screening may be performed using an approved breath or saliva screening device. A DOT confirmation test is performed by breath using an approved evidential breath testing device. A screening result of 0.02 or higher is followed by a 15-minute wait and a confirmation test, which produces the result of record.
• FormsThe Federal Custody and Control Form for drug tests and the DOT Alcohol Testing Form for alcohol tests. They are never used for non-DOT tests.
• ReviewLaboratory results are reviewed by a Medical Review Officer before they reach the employer.
• Reasons for testingPre-employment, random, post-accident, reasonable suspicion, return-to-duty and follow-up, each with its own triggers and timing.
• PersonnelCollectors and alcohol technicians must meet DOT training requirements.

What non-DOT testing allows

Outside the DOT rules, the employer’s written policy or the ordering party’s requirements govern. That opens up options a DOT program does not have:

• Instant screensResults on site in minutes. Instant testing is for non-DOT programs only and does not satisfy a DOT drug-testing requirement. A non-negative instant screen should be sent for laboratory confirmation before it is treated as a confirmed positive. Employers should follow their written testing policy and applicable law when making employment decisions.
• Hair follicle testingA look-back of roughly 90 days, with segmented testing for month-by-month results.
• EtG alcohol testingA laboratory urine test for recent alcohol use. EtG is not a DOT alcohol test.
• Panels and proceduresPanels and cutoffs set by the employer’s policy.

None of these methods can be used for a DOT test. An employer that runs both programs keeps them separate: DOT-covered employees are tested on the federal forms under DOT procedures, and everyone else under the company policy.

Common mistakes

• Using an instant test for a CDL driver’s pre-employment test. It does not satisfy the DOT requirement.
• Putting a non-DOT employee’s test on the federal form. The form is reserved for DOT tests.
• Assuming a company policy can loosen DOT requirements. It cannot. It can only add requirements for employees who are not DOT-covered.
• Forgetting the Clearinghouse. FMCSA employers have separate query and reporting obligations in the FMCSA Drug and Alcohol Clearinghouse that are not part of the collection itself.

How mobile collection fits

Both programs can be collected on site. Our collectors bring the federal forms and DOT procedures for covered employees and the materials your policy calls for everyone else, often in the same visit.

These guides are general education, not legal advice. DOT agency rules and 49 CFR Part 40 control DOT testing. Confirm the rules for your program with your DOT agency, program administrator or counsel.